When used in these regulations, the following words and phrases shall have the meaning given in this article. Terms not herein defined shall have their meaning as set forth in The Zoning Procedures Law, O.C.G.A. § 36-66-1 et seq. as amended. Terms not defined herein or in The Zoning Procedure Law shall have their customary definitions where not inconsistent with the context. The term "shall" is mandatory. When not inconsistent with the context, words used in the singular number include the plural and those used in the plural number include the singular. Words used in the present tense include the future.

Accessory building or use: A building or use which is subordinate to and serves a principal building or principal use; is subordinate in area, extent, or purpose to the principal building or use served; contributes to the comfort, convenience or necessity of occupants of the principal building or principal use; and is located on the same lot as the principal building or principal use.

Adult dog means a dog at least one year of age.

Agriculture: The use of land for agricultural purposes, including the raising of crops and livestock, dairying, pasturage, horticulture, floriculture, viticulture, animal and poultry husbandry, forestry and other similar enterprises or uses.

Airport: Any area of land, water or mechanical structure which is used for the landing and take-off of aircraft, including any appurtenant structures and areas which are used or intended to be used for airport buildings, other airport facilities, rights-of-way or easements.

Alteration: Any change in the structural components of a building, any modification or change in construction, any addition that changes the area or height, any change in use of or movement of a building from one location to another, or any change in the amount or volume of space used for any activity.

Ambient noise: The all-encompassing noise associated with a given environment, being usually a composite of sounds from many sources, near and far.

Barn: A farm building used to store farm products or shelter livestock.

Bed and breakfast inn: A building wherein lodging or lodging and breakfast are provided to guests for compensation and where the operator of the bed and breakfast lives on the premises.

Boardinghouse: A building where, for compensation, both lodging and meals are provided for persons, provided that a single-family dwelling shall not be deemed to be a boardinghouse by reason of a contribution to or expense sharing arrangement with the owner or tenant occupying the dwelling by a person related by blood or marriage.

Buffer, opaque vegetative: An evergreen buffer of shrubbery, such as Holly or Leyland Cypress that when mature, has a minimum height of six feet. When planted, the distance between the shrubs shall be sufficient to create a solid opaque barrier when mature. Plants must reach a height of six feet within two years of planting. The owner shall be responsible for all maintenance of the vegetative buffer, to include replacement of plants if necessary, and to ensure continual compliance with height requirements.

Buffer, opaque fence: An opaque fence shall be a wall or fence, solid in appearance of either wood, stone, brick, vinyl or stucco. Neither a chain-link fence nor a chain-link fence with metal slats, qualifies as an opaque fence. The fence or wall must have a minimum height of six feet. The owner shall be responsible for all maintenance of the fence or wall.

Building: Any structure, either temporary or permanent, above or below ground, having a roof or other covering, and designed, built or used as a shelter or enclosure for persons, animals, property, or waste of any kind, or similar structures used for purposes of a building as defined herein.

Building official: The primary employee or his/her designee who is designated by the board of commissioners to administer and enforce its building code and related regulations.

Building, principal: A building or structure in which is conducted the primary use of the property on which the building or structure is located.

Building setback line: A line establishing a minimum allowable distance between the wall of a building, including any covered porches, and the street right-of-way or property line when measured perpendicularly thereto. In the case of corner lots or double frontage lots, front yard requirements shall be observed for those areas adjacent to street rights-of-way.

Bulk: A term used to describe the size and shape of a building or structure and its relationship to other buildings, to the lot area for a building and to open spaces and yards.

Cemetery—Family plots: Family plots are burial grounds restricted to members of the family owning the lot on which the cemetery is located. Family plots shall be located only on lots of half an acre or greater. For the purposes of this section, "family" shall be defined as family within the fourth degree of civil reckoning from the property owner.

Cemeteries: Cemeteries are burial grounds, generally where multiple burial plots are sold or provided for burial of persons beyond the immediate family. All cemeteries must be located on a lot of at least five acres.

Certificate of occupancy: A legal statement or document issued by the building official indicating that the building and use or reuse of a particular building or land is in conformity with all applicable codes and regulations, and that such building or land may be occupied for the purpose stated therein.

Club: A building or facility owned or operated for social, educational, or recreational purposes, but not for profit or other purposes that is customarily undertaken for monetary gain.

Commercial kennel means an enclosed structure with sound proof walls used for the raising, housing, breeding, boarding or training of more than four adult dogs primarily for the purpose of generating income or revenue; or an enclosed structure with sound proof walls used for the raising, housing, breeding, boarding or training of more than 12 adult dogs, and not primarily used for the purpose of generating income or revenue.

Compatibility: The characteristics of different uses or activities that permit such uses or activities to be located near each other or otherwise co-exist in harmony and without conflict. Some elements affecting compatibility include but are not limited to: intensity of occupancy as measured by dwelling units per acre or gross square footage per acre; pedestrian or vehicular traffic generated; volume of goods handled, such environmental effects as noise, vibration, odor, glare, air pollution, water pollution or radiation; and the effects of uses on the value of other property.

Comprehensive plan: Those coordinated plans or portions thereof which have been or may hereafter be prepared by or for the governing body for the physical development of the jurisdiction; or any plans that designate plans or programs to encourage the most appropriate use of the land in the interest of public health, safety and welfare.

Conditional use: A use that would be appropriate only with specified restrictions throughout a zoning district and that is not automatically permitted by right within a zoning district, but that may be permitted within a zoning district subject to meeting specific conditions contained in these regulations or otherwise required by the governing body. Such uses shall be permitted only if approved in advance by the governing body in accordance with the regulations established herein as evidenced by the issuance of a conditional use permit.

Conditional use permit: The permit issued as a precondition to allowing any conditional use in a zoning district.

Conditional zoning: The granting or adoption of zoning for property subject to compliance with restrictions as to use, size, density or actions stipulated by the governing body to mitigate adverse impacts that are anticipated without imposition of such conditions.

Condominium (residential building): A building or complex of multiple-dwelling units in which each unit is owned individually by separate owners with the common areas jointly owned by the owners of the units.

Contractor's establishment: A building, structure or use involved in construction activities, including but not limited to, plumbing, electrical work, building, paving, carpentry and other such activities, including the storage of materials and the overnight parking of vehicles related to such establishments.

Convenience store: A retail store, which sells convenience items. A convenience store may include the sale of gasoline, propane, kerosene and diesel fuel.

Conversion: Any change in the original use or purpose of a building or lot to a different use.

Day care center: A child care facility, pre-kindergarten, play or other special school for young children (other than at public or private elementary schools) providing, for compensation, care and maintenance to seven or more children under age 17 for a period of 12 hours or less, typically during normal daytime hours. A day care center of six children or less is considered to be a home occupation.

Density: The number of dwelling units developed, or to be developed, per gross acre of land, or the gross square footage of a building, other structure or use per acre of land.

Development: Any manmade change of improved or unimproved real estate including, but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.

District, zoning: A geographical area or areas, designated with the use of symbols on the official zoning map, wherein uses of land are restricted in type, size, height and other limitations as established in these regulations.

Dormitory: A building that is owned and/or operated by an educational institution, the primary purpose of which is to provide living accommodations for individuals associated with the institution, but which does not include individual kitchen facilities.

Dwelling: A building designed, arranged or used for permanent living, and/or sleeping quarters for persons.

Dwelling unit: A building, or portion thereof, designed, arranged or used for living quarters for one or more persons living as a single housekeeping unit using the same cooking facilities, but not including units in hotels or other structures designed for transient residence.

Dwelling, multifamily: A structure under single ownership designed for or occupied by three or more dwelling units. Multi-family dwellings do not include motels, hotels, lodging houses, hospitals, nursing homes, or public institutions such as prisons and mental institutions.

Dwelling, single-family: A completely free-standing residential building, occupying its own structure from ground to roof, designed for or occupied exclusively by one family and meeting or exceeding the local building code for on-site construction, and separated from other single-family detached dwellings by yards. For regulatory purposes, a single-family dwelling is not to be construed to include manufactured homes or mobile homes or portable housing for recreational or other temporary use or a single-family attached dwelling.

Dwelling, two-family (duplex): A dwelling designed or arranged to be occupied by two single housekeeping units living independently of each other.

Family: An individual, or two or more persons related by blood, marriage, adoption or guardianship, or a group of not more than four unrelated persons, occupying a single dwelling unit and using the same cooking facilities. For purposes of this ordinance, family may include five or fewer foster children placed in a family foster home licensed by the State of Georgia, but shall not include fraternities, sororities, rooming houses or boardinghouses, nursing homes, or rest homes.

Farm: An area of land principally devoted to agriculture.

Farm supply store: An establishment engaged in the retail sale of animal feeds, fertilizers, agricultural chemicals, pesticides, seeds and other such farm supplies.

Flea market: The use of land, structures or buildings for the sale of goods which are principally used or second-hand goods.

Garage: An accessory building or portion of a principal building used only for the private storage of motor vehicles and other personal property as an accessory use.

Governing body: The Board of Commissioners of Banks County, duly elected by the citizens within the jurisdiction.

Grade is defined as the average elevation of the ground on all sides of a building.

Guest house: A lodging unit for temporary guests in an accessory building. No such lodging unit shall contain independent cooking or kitchen facilities and shall not be rented or otherwise used as a separate dwelling.

Height, building: The vertical distance measured from the grade to the highest point of the coping of a flat roof; to the decklines of a mansard roof; or to the mean height level between the eaves and ridge of a gable, hip or gambrel roof.

Home occupation: Any use, occupation or activity conducted on the same lot as a dwelling by the residents thereof, which is clearly incidental and secondary to the use of the dwelling for residence purposes and does not change the character thereof, and in connection with which there is no display, no stock-in-trade nor commodity sold or stored on the premises; and where only those persons residing on the premises and not more than one outside employee are employed specifically in connection with the home occupation.

Inoperable vehicle: Any motorized vehicle, other than those vehicles temporarily disabled, incapable of immediately being driven. Any motorized vehicle designed for use on a public road without a current vehicle registration tag shall be considered an inoperable vehicle.

Junk/salvage yard: Any property involving the abandonment, parking, storage or disassembly of junked or inoperable vehicles or junked machinery, or the abandonment, storage, sale, or resale of used auto parts, tires, scrap iron, metal, used plumbing fixtures, old stoves, refrigerators and other old household appliances, used brick, wood, or other building/structural materials, used paper, rags or other scrap materials.

Kennel means a structure or enclosure used for the raising, housing, breeding, boarding or training of more than four adult dogs, but not more than 12 adult dogs, and not primarily used for the purpose of generating income or revenue.

Lagoon, animal waste: A shallow body of liquid waste material.

Landfill, construction and demolition waste: A landfill accepting only waste building materials and rubble resulting from construction, remodeling, repair, and demolition operations on pavements, houses, commercial buildings and other structures. Such waste include, but are not limited to wood, bricks, metal, concrete, wall board, paper, cardboard, inert waste landfill material, and other nonputrescible wastes which have a low potential for groundwater contamination.

Landfill, inert waste: A landfill accepting only wastes that will not or are not likely to cause production of leachate of environmental concern. Such wastes are limited to earth and earth-like products, concrete, cured asphalt, rock, bricks, yard trimmings, stumps, limbs, and leaves. This definition excludes industrial and demolition waste not specifically listed above.

Landfill, solid waste: A landfill accepting any garbage or refuse; sludge from a wastewater treatment plant, water supply treatment plant, or air pollution control facility; and other discarded material including solid, semisolid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations and from community activities, but does not include recovered materials or hazardous waste; solid or dissolved materials in domestic sewage; solid or dissolved materials in irrigation return flows or industrial discharges that are point sources subject to permit under 33 U.S.C. Section 1342; or source, special nuclear, or by-product material as defined by the federal Atomic Energy Act of 1954, as amended (68 Stat. 923).

Livestock: All animals of the equine, bovine, or swine class, including but not limited to goats, sheep, mules, horses, hogs, cattle, and other grazing animals, and all ratities, including, but not limited to, ostriches, emus, and rheas, and non-traditional livestock including, but not limited to, bison, deer, buffalo, llamas, and alpacas.

Lodginghouse: A fraternity house, sorority house, dormitory, or other such building designed and occupied, with or without separate kitchen or housekeeping facilities for each unit.

Lot: A parcel of land occupied or capable of being occupied for a use, by a building or group of buildings devoted to a common use, together with the customary accessories and open spaces belonging to the same, and having frontage on a street; or a developed or undeveloped tract of land in one ownership legally transferable as a single unit of land.

Lot area: The total horizontal area within the lot lines of a lot, exclusive of public street right-of-way.

Lot, corner: A lot abutting upon two or more public streets at their intersection.

Lot, double frontage: Any lot, other than a corner lot, which has frontage on two public streets that do not intersect at a point abutting the property.

Lot frontage: The width in linear feet of a lot where it abuts the right-of-way of any public street.

Lot of record: A lot which is part of a subdivision, a plat of which has been recorded in the records of the county superior court clerk; or a parcel of land, the deed, plat or other designation (as a separate lot of record) of which has been recorded in the same office.

Lot width: The horizontal distance between side lot lines measured at the minimum required front yard (regulatory front building setback) line.

Manufactured home: A detached, single-family dwelling unit designed for long-term occupancy and constructed in one or more units made to be transported after fabrication on wheels and when connected to required utilities to include plumbing and electrical systems. Such a dwelling shall be constructed in accordance with the Federal Manufactured Home Construction and Safety Standards, which came into effect on June 15, 1976, as amended, and shall bear the insignia issued by the U.S. Department of Housing and Urban Development (HUD). Removal of the wheels and placement on a foundation does not change its classification. Travel trailers and recreational vehicles are not manufactured/mobile homes.

Manufacturing, processing and assembling: The mechanical or chemical transformation of materials or substances into new products. The land uses engaged in these activities are usually described as plants, factories or mills and characteristically use power driven machines and materials handling equipment. Establishments engaged in assembling component parts of manufactured products are also considered under this definition if the new product is neither a fixed structure nor other fixed improvement. Also included is the blending of materials such as lubricating oils, plastic resins or liquors.

Mini-warehouse: A building or group of buildings in a controlled access and fenced compound that contains varying sizes of individual, compartmentalized stalls or lockers used for storage, including accessory office and/or night watchman's residence, but not including retail sale on the premises, commercial repair or other services, manufacturing or any other commercial use.

Mobile home: A residential structure transportable on wheels after fabrication in one or more sections, which is built on a permanent chassis and designed to be used as a permanent dwelling when connected to the required utilities and constructed prior to June 15, 1976. (See the definition of "manufactured home" for all factory-fabricated structures built to the Federal Manufactured Home Construction and Safety Standards (HUD Code) since June 15, 1976.

Mobile home/manufactured home park: A parcel of land or any portion thereof under single ownership which has been designed, planned, or improved for the placement of more than four mobile homes/manufactured homes for residential use, including land, buildings, and facilities used by the occupants of such homes on the property.

Mobile/manufactured home space: A parcel of land within a mobile/manufactured home park which is reserved or leased for the placement of an individual mobile/manufactured home, accessory structures and the exclusive use of its occupants.

Modular home: A dwelling unit composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent foundation in accordance with applicable codes.

Nonconforming lot: A lot, the area, width, or other characteristic of which fails to comply with applicable regulations and which was of record and in full compliance with all applicable federal, state and local laws, rules and regulations prior to the enactment of these or other regulations applicable thereto, but which does not comply with the requirements of these regulations.

Nonconforming structure: Any building or structure which does not conform to applicable regulations hereunder governing the type, bulk, location, height or size of buildings or structures permitted in the district, which building or structure was lawfully in existence and in full compliance with all applicable federal, state and local laws, rules and regulations, and for which all required federal, state and local permits had been issued, prior to the adoption of these or other regulations applicable thereto, but which does not comply with the requirements of these regulations.

Nonconforming use: Any use of any land, building or other structure which was existing and in full compliance with all applicable federal, state and local laws, rules and regulations, and for which all required federal, state and local permits had been issued, prior to the adoption of these or other regulations applicable thereto, but which does not comply with the requirements of these regulations.

Nuisance: Anything that substantially interferes with the use or enjoyment of property, creates a risk of endangering the public health or safety, or is offensive to the senses.

Office: A building or portion thereof wherein services are performed involving predominantly administrative, professional or clerical operations and not involving retail sales or other sales of any kind on the premises.

Official zoning map: The "Official Zoning Map of Unincorporated Banks County" described in Section 402 of these regulations.

Open air business: Any commercial establishment that displays products in nonenclosed area.

Open space: An area that is permanently set aside through dedication, designation, or reservation and is available to all occupants of a development and that is not used for or occupied by a public right-of-way, driveway, an off-street parking area, a loading space, a refuse storage space, or a building.

Outdoor storage: The keeping, in an unenclosed area, of any goods, junk, material, merchandise, or commercial vehicles in the same place for more than 24 hours.

Outdoor storage yards: The keeping within an unroofed and unenclosed area of any goods, material, merchandise or vehicles, not for sale at retail, in the same area for more than 24 consecutive hours. This term also includes an unroofed or unenclosed area used for the performance of work or other such activities necessary in the operation of a business.

Parking space: An area having dimensions of not less than nine feet by 20 feet and 300 square feet including maneuvering space within a parking lot, to be used exclusively as a temporary storage space for a motor vehicle.

Permitted use: A use by right which is specifically authorized in a particular zoning district.

Person: An individual, firm, partnership, corporation, company, association or institution, including any trustee, assigns or other representative.

Planning commission: The Banks County Planning Commission.

Plat: A map, plan or layout of a county, city, town, section or subdivision indicating the location and boundaries of properties.

Policies and procedures ordinance: The "Land Use Public Hearing Policies and Procedures Ordinance of Banks County" as amended from time to time.

Principal building: A building in which is conducted a principal use.

Property owner: The person or persons who own property being considered under these regulations.

Public use: Any building, structure or use owned and/or operated by the federal government, State of Georgia, Banks County or other county, or any municipality, or any authority, agency, board or commission of the above governments, which is necessary to serve a public purpose, such as but not limited to the following: government administrative buildings, police and fire stations, public health facilities and hospitals, public works camps, parks and community centers, public roads and streets, airports, water and sanitary sewerage storage, intake, collection and treatment and pumping facilities, public housing facilities, jails and correctional centers.

Recreational vehicle: A vehicular-type portable structure which can be towed, hauled or driven and is primarily designed as temporary living accommodations for recreational, camping and travel uses.

Recreational vehicle (RV) park (travel trailer park): Any lot of land upon which two or more recreational vehicle sites are located, established or maintained for occupancy on a temporary basis by recreational vehicles of the general public as temporary living quarters by campers, vacationers or travelers.

Restaurant: Any place or premises used for sale, dispensing or service of food, refreshment or beverages.

Restaurant, drive-in: Any place or premises used for sale, dispensing or service of food, refreshment or beverage to person(s) in automobiles, including those establishments where customers may eat or drink on the premises.

Right-of-way: That area, distinguished from an easement, which is owned in fee-simple title by the governing body or other government, for the present or future use of roads, streets, and highways, together with its drainage facilities and other supporting uses and structures.

Roominghouse: A building where, for compensation, lodging only is provided.

School: A facility that provides curriculum of elementary and secondary academic instruction. A school is considered public if operated by the county board of education.

Screening: A method of shielding, obscuring or buffering one use or building from another use or building by fencing, walls, berms, densely planted vegetation, natural vegetation or other means; a visual and acoustical barrier which is of such nature and density that provides year-round maximum capacity from the ground to a height of at least six feet or that screens structures and activities from view from the normal level of a first story window on an abutting lot.

Semi-public use: Any building, structure or use owned and/or operated by private utilities for the purpose of providing utilities to the public, or which is reasonably necessary for the furnishing of adequate service by such utilities, such as but not limited to the following: underground or overhead gas, electrical, steam, or water distribution or transmission lines or systems, electric power substations, wires, towers, cables, and poles.

Setback: The minimum horizontal distance between the property boundary lines of a lot and the front, rear, or side lines of a building, other structure or activity located on that lot.

Site plan: A two-dimensional graphic illustration, prepared to scale, showing accurately and with complete dimensioning the boundaries of a lot or tract and the location of all buildings, structures, uses and principal site development features proposed for a specific lot or tract of land.

Street: A public or private thoroughfare which affords the principal means of access to abutting property.

Structure: Anything constructed or erected, the use of which requires more or less permanent location on or in the ground, or which is attached to something having more or less permanent location on or in the ground, including, without limitation, wells, signs, tiles, liners, and any other tangible property placed on or in the ground to facilitate any use.

Townhouse: A single-family dwelling in a row of at least three attached units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more vertical common fire-resistant walls. A townhouse shall have at least two stories.

Trade shop: An enclosed structure used for the commercial operation of a skilled trade, including but not limited to, cabinet making and carpentry, sheet metal, roofing, upholstering, electrical and plumbing.

Truck stop: An area principally devoted to the service, refueling, temporary storage or parking of trucks, including accessory buildings, structures and uses such as restaurants.

Truck terminal: An area where cargo is stored for routing or reshipment and where trucks load and unload cargo on a regular basis, or an area in which semi-trailers and/or trucks are parked and stored.

Use: Any purpose for which a building, structure or a tract of land is actually being utilized at a particular point in time; or any activity, occupation, business, or operation actually being carried on in a building or structure or on a tract of land at a particular point in time.

Variance: A minimal relaxation or modification of the strict terms of the height, area, placement, setback, yard, buffer, landscape strip, parking and loading regulations as applied to specific property when, because of particular physical surroundings, shape, or topographical condition of the property, compliance would result in a particular hardship upon the owner, as distinguished from a mere inconvenience or a desire to make a profit.

Yard: A space on the same lot with a principal building, which is open, unoccupied, and unobstructed by buildings or structures from ground to sky except where encroachments and accessory buildings are expressly permitted. A yard may contain a parking and/or loading area and fencing unless otherwise specified by these regulations.

Yard, front: A space on the same lot with a principal building, extending the full width of the lot, and situated between the street right-of-way and the front line of the building projected to the side lines of the lot. In the case of a corner lot, both spaces with street frontage shall be considered front yards. In the case of double frontage lots, the spaces as defined above shall both be considered front yards.

Yard, rear: A space on the same lot with a principal building, extending the full width of the lot and situated between the rear line of the lot and the rear line of the building projected to the side lines of the lot.

Yard, side: A space on the same lot with a principal building, situated between the building and the side lot line and extending from the rear line of the front yard to the front line of the rear yard.

Zoning: A police power measure in which the county is divided into districts or zones within which permitted uses, and in some cases conditional uses, are established as well as regulations governing lot size, bulk, height and other development requirements.

Zoning administrative officer: The field representative of the Banks County Planning Commission or any other representative designated by the governing body.

(Ord. No. 2004-18, § 1, 7-13-2004; Ord. No. 2006-09, §§ 1—3, 5-9-2006; Ord. No. 2023-10, § 1, 9-26-2023; Ord. No. 2024-38, § 1, 6-11-2024)